| IN THE MATTER OF KHALID EMERSON V NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES |
| Motion No: TP 15-00796 |
| Slip Opinion No: 2016 NY Slip Op 77447(U) |
| Decided on June 20, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-00796
| IN THE MATTER OF KHALID EMERSON, PETITIONER, V NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES, RESPONDENT. |
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 8, 2015,
Now, upon reading and filing the affidavit of Diane Ciurczak sworn to May 28, 2016, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated June 16, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that petitioner files and serves the brief on this transferred proceeding on or before August 19, 2016.
Entered: June 20, 2016
Frances E. Cafarell, Clerk